§ 25-15-512 — Inspections of hazardous waste incinerator or processor sites

(1) The department shall conduct inspections of each hazardous waste incinerator
or processor site at intervals determined by rules of the commission based upon the
volume and toxicity of the wastes being received at such site. Such inspections
shall include, but are not limited to, inspections conducted during the reception of
hazardous wastes, during the incineration of hazardous wastes, during the
processing of hazardous wastes, and during the shipment of incineration or
processing by-products. The department shall be permitted reasonable access to
all operations at any hazardous waste incinerator or processor site for the purpose
of monitoring and inspecting such operations. Unless an emergency exists at such
site, or unless the department has reason to believe that unlawful activity is being
conducted or will be conducted at such site, the department shall provide prior
notification of the inspection and shall conduct such inspection during normal
business hours.

(2) The governing body having jurisdiction over any hazardous waste
incinerator or processor site or the governing body of any other county or
municipality having jurisdiction over such site pursuant to an intergovernmental
agreement shall have physical and structural access to such site during the
operating hours of such site for the purpose of periodic inspections by the agents of
such governing body.

Legislative History

Source: L. 92: Entire part added, p. 1270, � 1, effective July 1. L. 93: (1) amended, p. 1787, � 70, effective June 6. L. 2002: Entire section amended, p. 93, � 12, effective March 22.